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Land Conservation Tools

Palmer Land Trust uses three property right tools from its land protection quiver to conserve land: 1) conservation easement; 2) restricted deed; and 3) fee simple ownership.

Conservation Easements

A conservation easement is a binding legal agreement made between a landowner and a qualified conservation organization (i.e. Palmer Land Trust) that protects lands with important conservation values, which provide public benefit.  The Internal Revenue Code (“IRC”) delineates that an easement protect one or more of the following conservation values: public recreation/education, natural wildlife habitat, open space, or historic preservation.  In many cases, agricultural properties possess open space and natural habitat.  When placing a conservation easement on a property, the landowner retains most of his/her rights, but gives up certain rights (development rights) in order to forever protect the conservation values of the property. 

Restricted Deeds

Much like conservation easements, deed restrictions are restrictions placed on a property that are publically recorded and that limit a property’s use by the property owners. An example would be vacant land that has deed restrictions for site built homes only.  Palmer Land Trust uses deed restrictions to maintain a property in its current condition, especially when a conservation easement may not be appropriate.  In some instances, a property may not meet any of the conservation purposes delineated by the Internal Revenue Code.  However, the property may still be worthy of permanent protection.  This is an ideal use for a restricted deed.  Palmer treats its properties protected by deed restriction the same as its properties protected by conservation easement; it monitors each property at least once annually.

Fee Simple Ownership

Fee simple is the greatest possible estate in land, wherein the owner has the right to use it, exclusively possess it, commit waste upon it, dispose of it by deed or will, and take its resources. A fee simple represents absolute ownership of land, and therefore the owner may do whatever he or she chooses with the land, subject only to laws and regulations. If an owner of a fee simple dies intestate, the land will descend to the heirs.

The term fee used independently is an adequate designation of this type of estate in land. The term simple is added to distinguish clearly this estate from other interests in real property.

Palmer Land Trust currently owns three properties in fee simple – all located in close proximity to Garden of the Gods.  Palmer’s first project, the property containing the John Blair Bridge, was one where the organization obtained the fee simple.  Palmer Land Trust later transferred the property to the City of Colorado Springs.